Managing an Inheritance in Divorce

Navigating a divorce is a complex journey, which becomes even more delicate when it coincides with the prospect of receiving an inheritance. We understand that the concern of seeing family assets, or inherited property, become a point of contention can generate anxiety and uncertainty. It is a situation that requires not only sensitivity but also a clear legal strategy to ensure effective protection of one's rights. As a divorce lawyer in Milan, lawyer Marco Bianucci has gained extensive experience in managing these cases, providing targeted support to protect personal assets in the context of marital separation.

Inheritance and Matrimonial Property Regime: What the Law States

To understand how to protect an inheritance, it is essential to start with the matrimonial property regime chosen by the spouses. Italian law primarily distinguishes between community property and separation of property, with very different implications. In general, the Civil Code establishes that assets acquired by a spouse through succession or donation are considered personal assets. This means that, even under a legal community property regime, such assets should not be included in the estate to be divided 50/50 in the event of divorce. However, legal practice shows that there are exceptions and complexities that cannot be ignored.

Risks of Community Property

Although inheritance is excluded from the community property, its subsequent use can create complications. For example, if inherited money is deposited into a joint bank account and mixed with other funds, it can become difficult to prove its exclusive origin. Similarly, if inherited funds are used to purchase real estate without a specific declaration in the purchase deed attesting to its personal nature, the property might be considered part of the community property. Therefore, careful and documented management is essential to prevent personal assets from being effectively absorbed into the common estate.

The Strategic Approach of the Bianucci Law Firm

The approach of lawyer Marco Bianucci, an expert in family law in Milan, focuses on preventive planning and transparent asset management. The goal is to avoid future disputes by defining a clear course of action based on solid legal foundations from the outset. Each case is analyzed in detail to identify the most effective strategy, which may include drafting specific agreements between spouses or adopting measures to ensure the traceability and separation of inherited assets. Our priority is to ensure that your property rights are fully respected throughout the divorce proceedings.

Frequently Asked Questions

Does an inheritance received during marriage fall under community property?

No, by law, assets received through succession by one of the spouses are considered personal and therefore excluded from the legal community property. However, it is crucial to manage such assets separately from the common estate to avoid them being confused with it in practice and becoming a subject of dispute during the division phase.

What happens if I use inheritance money to buy the family home?

If you use inherited money to purchase an asset, it is essential to specify in the purchase deed (rogito) that you are using personal funds originating from an inheritance. Without this clarification, and under a community property regime, property purchased during the marriage is presumed to be jointly owned, making subsequent claims of its personal nature complicated.

Can an inheritance influence the amount of the divorce settlement?

Yes, indirectly. Although the inherited capital is not divided, the income it generates (e.g., rental income from inherited property) contributes to increasing the economic capacity of the spouse who receives it. This increase in income can be considered by the judge when determining any divorce settlement in favor of the economically weaker spouse.

How can I protect a future inheritance if I am getting divorced?

The best strategy is prevention. It is advisable to seek legal advice as soon as separation is contemplated. Actions include keeping future inherited assets completely separate, avoiding joint ownership of accounts or properties purchased with such funds, and meticulously documenting every transaction. Timely consultation allows for planning the correct steps for effective protection.

Request a Consultation for Your Case in Milan

The overlap between divorce proceedings and inheritance succession requires expertise and in-depth analysis. If you are facing this situation and desire a clear strategy to protect your assets, you can contact the Bianucci Law Firm. As a divorce lawyer in Milan, lawyer Marco Bianucci offers his extensive experience to analyze your specific case and define the most appropriate solutions to protect your interests. Contact the firm, located at Via Alberto da Giussano 26, for an assessment of your position.